APHC010162492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8507/2025 Between: Nalladimmu Subbamma ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. V R REDDY KOVVURI Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue an appropriate Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the Endorsement in Ref A/161/2025 dated 06 03 2025 issued by the respondent No 4 rejecting the Form-VI-A application dated 19.02.2025 submitted by the petitioner for mutation of the revenue records and issuance of E-Pattadar Pass Books cum Title Deed for the land in an extent of Ac.18.76 cents in Sy.No.557 of Chowduru Vilage, Proddatur Mandal, Y S R District on the ground that a Civil Suit in O.S.No.46 of 2024 on the file of the Court of the Principal Junior Civil Judge Kadapa related to the said land is pending adjudication event hough the land being claimed by her is no way concerned with the above suit and the respondent No 4 is bound to transmit the same to the respondent No 3 in the event of refusing as per section 52 of the A P Rights in Land and Pattadar Pass Books Act 1971 as arbitrary illegal abdication of the statutory duty cast on him and contrary to the provisions of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act 1971 and the Rules made there under and also the well settled legal principles apart from being violative of the fundamental and Constitutional Rights guaranteed to her under Articles 14 19 21 and 300A of the Constitution of India and consequently direct the respondent No 4 to mutate the Online revenue records and issue E Pattadar Pass Books cumTitle Deed in favour of the petitioner for the land in an extent of Ac 18 76 cents in Sy.No.557 of Chowduru Vilage Proddatur Mandal Y S R District by setting aside the Endorsement in Ref A/161/2025 dated 06 03 2025 issued by him and to pass such other order or orders...” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3. The grievance of the petitioner is that, the 4th respondent without any power or Jurisdiction had issued proceedings vide Ref.No.A/162/2025 dated 06.03.2025 rejecting his Form-VI-A application dated 19.02.2025 for mutation and for issuance of E-Pattadar Passbook and title deeds in respect of the land in an extent of Ac.18.76 cents in survey No.557 of Chowduru village,Proddatur mandal, Y.S.R. District. 4. The learned counsel for the petitioner, in elaboration to what has been stated in the affidavit contended that, the petitioner’s mutation application has been rejected by the Tahsildar under impugned proceedings dated 18.01.2024, contrary to Section 5 of the A.P. Rights in Land and Pattadar Pass Books Act as amended by Act 15 of 2022 (for short ‘Act 15 of 2022), which says that if at all the Tahsildar has intention to reject application for mutation and issuance of pattadar pass book and title deed, at the most he can sent recommendations along with material to the Revenue Divisional Officer for necessary orders. He has drawn the attention of this Court to Section 5(2) of the Act 15 of 2022. But, the Tahsildar, instead of transmitting the documents to Revenue Divisional Officer along with recommendations, he himself had rejected the application contrary to the provisions of the Act 15 of 2022. As such, prayed to allow the writ petition by setting aside the same. 5. On the other hand, the learned Assistant Government Pleader for Revenue fairly conceded that the Tahsildar ought not to have rejected the case of the petitioner, instead of sending the same to the Revenue Divisional officer, who is the authority concerned. He further submitted that, if this Court intends to interfere, a liberty may be given to the respondent authorities to pass appropriate orders in that regard. 6. Perused the record. 7. The Tahsildar vide proceedings in Ref.No.A/161/2025 dated 06.03.2025 had rejected the application made by the petitioner seeking for mutation and issuance of pattadar pass book and title deed in respect of the subject property and the same is under challenge in the present Writ Petition. 8. The main contention of the petitioner is that the order of rejection is contrary to Section 5 of Act 15 of 2022. It is appropriate to refer Section 5 of the A.P.Rights in Land and Pattadar Pass Books Act as amended by Act 15 of 2022 (published on A.P. Government Gazette on 18.10.2022) reads as follows: "5. (1) On receipt of intimation of the fact of acquisition of any right referred to in section 4, otherwise than by a registered document, the Tahsildar shall determine as to whether, and if so in what manner, the record of rights may be amended in consequence thereof and shall carryout the amendment in the record of rights in accordance with such determination. (2) In the event of the Tahsildar determining that the amendment in consequence of the acquisition of right referred to in sub-section (1) above, is liable to be refused, then the Tahsildar shall transmit all the documents to the Revenue Divisional Officer with the recommendations. (2a) The Revenue Divisional Officer, on receipt of such recommendations, shall pass an order as under, after affording an opportunity of hearing to the interested persons, (i) Confirming the recommendations of the Tahsildar. (i) Disagreeing with the recommendations of the Tahsildar. (ü) On the receipt of communication of disagreement under 5(2a)(i), the Tahsildar shall carry out the amendment of R.O.R, as provided for under section 5(1). Provided that the procedure for initiation and conclusion of action by the Tahsildar and Revenue Divisional Officer shall be such as may be prescribed under the Rules. (3) In cases of acquisition of right under section 4(1) by a registered document in accordance with the provisions under the Registration Act, 1908, the R.O.R shall stand amended to reflect the said transaction. (4) Any person aggrieved by any order passed under sub- sections (1), 2(a) and the amendment of R.0.R under sub- section (3), above may prefer an appeal before the District Revenue Officer within a period of thirty (30) days from the date of receipt of such order or amendment of R.O.R. the Appellate Authority shall dispose the appeal preferably not later than 6 months from the date of filing of such appeal. 9. In the light of the above said provision, the Tahsildar has no power or authority to straight away reject the Form-6A application and he has to transmit all the documents to the Revenue Divisional Officer with his recommendations. Since violation of Section 5(2a) of the Act is explicit on the face of the impugned proceedings, the said proceedings are liable to be set aside at the admission stage. 10. Accordingly, the Writ Petition is allowed, setting aside the impugned proceedings vide Ref. No. A/161/2025, dated 06.03.2025, issued by the Tahsildar. The 4th respondent is directed to forward the Form-6A application of the petitioner in accordance with Section 5(2a) of the A.P. Rights in Land and Pattadar Passbooks Act, 1971, for further consideration. Upon such compliance with Section 5(2a) by the 4th respondent, the 3rd respondent shall consider the same and pass appropriate orders within a period of four (04) months from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ______________________________________ VENKATESWARLU NIMMAGADDA, J 02.04.2025 kkllkk 271 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.8507 of 2025 02.04.2025 kkllkk